The City recognizes that certain types of home-based businesses may be conducted without an adverse impact on the residential property or surrounding neighborhood. It is the intent of this section to provide flexibility in conducting a home-based business provided that the operations of the home-based business do not impact the quality of life or character of the surrounding residential neighborhood.
A. Accessory Use: Home occupations shall be permitted as an accessory use in all residential zoning districts subject to compliance with the regulations within this section and any other applicable law. Any permit issued for a home occupation may be summarily revoked for failure to conduct the home occupation in accordance with the standards set forth in this section.
B. Classification: Home occupations shall be classified by the Community Development Director as either a Level 1: no impact home occupation, Level 2: minor impact home occupation or Level 3: major impact home occupation. The distinction between the three levels of home occupations shall be based primarily upon the degree of impact that the home occupation operations may result in on the surrounding residential neighborhood.
C. Performance Standards: The classification level shall be determined based on the performance standards below:
1. Level 1 No Impact Home Occupation: No permit shall be required for Level 1 home occupation use.
a. The activities associated with the home occupation shall not be visible from an adjacent property, street, or other public area. Outdoor play areas typical to a residential setting associated with childcare shall not be required to construct additional screening or fencing beyond the requirements of Iowa State Code.
b. The home occupation may be conducted within the dwelling, approved accessory building or structure, or within the yards of the property; however, no storage of goods, materials, equipment, trailers or products connected with the home occupation shall be allowed outdoors.
c. The total number of on-site employees and clients shall not exceed the dwelling occupant load in Section 11-6-10F of this chapter.
d. Deliveries to or from the property shall be limited to the services provided by routine residential carriers.
e. There shall be no signage or window displays.
f. Customer or client interaction occurring at the property shall be limited to between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M., Monday through Sunday.
g. Customer or client interaction occurring outside of the dwelling shall be limited to not more than four (4) customers/clients per hour, between the hours of eight o'clock (8:00) A.M. and five o'click (5:00) P.M., Monday through Friday.
h. Employee parking is provided on site.
Special conditions: The following service-based uses may be considered a Level 1 home occupations provided the following standards are met:
(1) Pet sitting, grooming or training provided no overnight boarding, no outdoor kenneling, and no more animals on site than permitted by Section 5-7-12 of this Code.
(2) Daycare services provied through a non-registered child care home as authorized in Iowa Code Section 237A with hours of operation limited to between 6:00 A.M. and 7:00 P.M., Monday through Friday.
2. Level 2 Minor Impact Home Occupation: A permit must be obtained for any Level 2 home occupation prior to commencement of the business activity. An application for permit shall be made on forms provided by the Community Development Department. A fee in an amount determined by resolution of the City Council shall accompany such application.
a. The activities associated with the home occupation shall be screened from ground level view from an adjacent property, street, or other public area. Outdoor play areas typical to a residential setting associated with childcare shall not be required to construct additional screening or fencing beyond the requirements of Iowa State Code.
b. The home occupation may be conducted within the dwelling, approved accessory building or structure, or within the yards of the property; however, no storage of goods, materials, equipment, trailers or products connected with the home occupation shall be allowed outdoors.
c. The total number of on-site employees and clients shall not exceed the dwelling occupant load in Section 11-6-10F of this chapter.
d. Customer or client interaction occurring within the dwelling shall be limited to between the hours of eight o'click (8:00) A.M. and eight o'clock (8:00) P.M., Monday through Sunday.
e. Customer or client interaction occurring outside of the dwelling shall be limited to not more than four (4) customers/clients per hour, between the hours of eight o’clock (8:00) A.M. and five o’clock (5:00) P.M., Monday through Friday.
f. Deliveries to or from the property shall be limited to the services provided by routine residential carriers.
g. Employee parking is provided on site.
3. Level 3 Major Impact Home Occupation: A special use permit shall be obtained by the Board of Adjustment for any Level 3 home occupation prior to commencement of the business activity. An application for special use permit shall be made on forms provided by the Community Development Department. A fee in an amount determined by resolution of the City Council shall accompany such application.
a. Any use that exceeds the standards set forth for a Level 2 home occupation shall be considered a Level 3 home occupation.
b. The following uses shall be considered Level 3 home occupations:
(1) Garage sale reseller.
(2) Repair and maintenance of automobiles, yard equipment, appliances and other similar products.
(3) Pet kenneling or other similar overnight boarding of animals.
(4) Other similar uses as determined by the Community Development Director.
D. General Standards: The following general standards shall apply to all home occupations:
1. Home occupation permits are valid only for the applicant and use approved, and are not transferable.
2. No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation in such a manner that would change the residential character and appearance of the building, or in such a manner as to cause the structure to be recognized as a place where a business is conducted.
3. There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise, or other nuisances that disturb the health, safety and general welfare of the citizens of Clive.
4. No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio, television receiver or device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure.
5. The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood and thus becomes objectionable to the neighboring residents.
6. A home occupation permit shall not be required for garage sale events, provided that the number of garage sale events do not exceed two (2) events per year for a maximum duration of three (3) consecutive days per event.
7. Home occupation signage shall be restricted to a maximum of two (2) square feet of sign area.
8. Noise generated by the home occupation should not exceed sixty-five (65) dB between the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M., and fifty-five (55) dB between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M., when measured from the adjoining property line.
9. All home occupation uses shall be registered, licensed and operated in compliance with all federal, State or County regulations.
10. Failure to comply with any of the requirements in or conditions of approval of a special use permit may result in revocation of the home occupation permit. (Ord. 1098, 1-28-2021)
(Ord. 1124, 7-28-2022)